Very Briefly Noted: SCOTUS Gets First Chance To Defend Electoral System
I picked this up at Red State last night. It provides an early indication of whether the SCOTUS will allow our electoral system to be pretty much thrown up for grabs:
The US Supreme Court is poised to take up the issue of whether the Fourteenth Amendment to the US Constitution bars former president Trump from running for president in 2024. The case originates with alleged GOP write-in candidate John Anthony Castro of Texas. So far, he's filed lawsuits challenging Trump's eligibility for office in eight states: Wyoming, Utah, Oklahoma, North Carolina, West Virginia, Montana, Kansas, and Idaho. A lawsuit by Castro in Florida has already been dismissed.
Castro's lawsuit is a long shot. The bar he has to cross is to prove he is personally injured by Trump's candidacy. He hopes to clear that hurdle by claiming that his candidacy is damaged by Trump's presence "based on a political competitive injury in the form a diminution of votes."
Newsweek says we should have the Supreme Court's decision in about a month.
Epoch Times had an article that discussed various legal views on this issue, but pride of place in the article went to Jonathan Turley. I’ll excerpt the discussion of his take on it:
"Dangerous": Law Professor Sounds Alarm On Attempts To Disqualify Trump
A theory that has recently been floated in the media claims that the former president could be blocked from ballots under Section 3 of the 14th Amendment via the Disqualifications Clause, which states that individuals who "have engaged in insurrection or rebellion" cannot hold office. Proponents of the claim say that President Trump engaged in "insurrection" during the Jan. 6, 2021, Capitol breach.
But George Washington University law professor Jonathan Turley stated that the new theory is "not simply dubious but dangerous."
"The amendment was written to deal with those who engage in an actual rebellion causing hundreds of thousands of deaths," Mr. Turley told Fox News.
"Advocates would extend the reference to ‘insurrection or rebellion’ to include unsupported claims and challenges involving election fraud."
The professor, who had served as an expert impeachment witness in favor of Republicans defending President Trump, said he didn't favor the former president's speech on Jan. 6. However, he said that the Jan. 6 incident was merely "a protest that became a riot" and not an insurrection against the United States.
"According to these advocates, Trump can be barred from the ballot without any charge, let alone a conviction, of insurrection or rebellion," Mr. Turley said.
Mr. Turley added that he views that some people who proposed the theory also "argue that there is no action needed from Congress" and that "state and federal judges could just bar those who are deemed as supporting rebellion through their election challenges and claims."
Follow the link for more. I continue to be optimistic that the SCOTUS will take a stand for the constitution over Leftist mob rule via lawfare. It’s a good sign that this case will be decided well before the primaries begin.
The real test of courage for the SCOTUS could come with the Mar a Lago case. To me it's a slam dunk for Trump.
"our fathers brought forth, upon this continent, a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal." We've had wars, a Civil War, a Great Depression and 9/11, we had Watergate. and have survived. In 2000 Gore had weeks to look for chads. We came together. Now all it takes is Fanni, Jack and Alvin, and its all over.
Judge Timothy Kelly issued a 10-year prison sentence for Dominic Pezzola, an honorably discharged Marine Corp veteran for his “role in the Capitol riot” on Friday. He looked right at the prosecution and said, “Trump won. You all know it.”
I expect the Washington establishment to circle the wagons and maintain the legitimacy of the regime. I expect the Judge to of course deny Trump any possibility of bringing evidence 2020 was stolen, just as a gigantic cover-up that dwarfs Watergate prevented any litigation on the allegations of fraud made after the election. I expect most of the Country to write off Washington as irreparably corrupt and totally illegitimate, should they succeed in railroading Trump for having an opinion that he shares with the majority of the citizens.